Patty K. Copeland, a.k.a. Patty K. White - Page 9




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          objective as a ground for increased interest.  See H. Conf. Rept.           
          99-841 at II-796 (1986), 1986-3 C.B. (Vol. 4) 796 (Statement of             
          the Managers).                                                              
               The validity of the above regulation (and the applicability            
          of section 6621(c) increased interest) to partnerships                      
          essentially the same as the Garfield and Cardinal partnerships              
          involved herein was analyzed at length and expressly sustained by           
          the Court of Appeals for the Ninth Circuit in its recent opinion            
          in Hill v. Commissioner, 204 F.3d at 1220.  Also, imposition of             
          increased interest under the above regulation in the Krause test            
          case was sustained by the Court of Appeals for the Tenth Circuit            
          in its opinion in Hildebrand v. Commissioner, 28 F.3d at 1028.              
               In a number of cases, the Court of Appeals for the Fifth               
          Circuit has sustained imposition of increased interest under                
          section 6621(c).  See Durrett v. Commissioner, 71 F.3d 515 (5th             
          Cir. 1996), affg. in part and revg. in part T.C. Memo. 1994-179;            
          Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir. 1995), affg.             
          in part and revg. in part T.C. Memo. 1994-228.  In Heasley v.               
          Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo.                
          1988-408, the Court of Appeals for the Fifth Circuit, on the                
          facts of that particular case, reversed our holding that                    
          increased interest under section 6621(c) applied to the                     
          transactions in question.  In none of these cases did the Fifth             
          Circuit suggest the invalidity of the regulations under section             






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